WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, June 29, 2012

BLOGGER REVIEW

Some emails have said we treated Judge Hirsch too roughly yesterday; that Judge Hirsch had the courage to tackle a very unfair law and did so with the best of his ability and that he should receive kudos for his courage to issue what could be considered among the public as a very unpopular ruling.

So there you have the other side of this coin. Does Rumpole owe Judge Hirsch an apology? We think not, although we do agree Judge Hirsch should be lauded for the intellectual honesty and courage to grant a very difficult motion. There is no doubt Judge Hirsch ruled the way he ruled for no other reason than he thought it was the right thing to do. That is always the final arbiter of a great Judge and in that regard Judge Hirsch gets very high marks regardless of what Judge Rothenberg had to say.

ACA DAY TWO:

In our view Chief Justice Roberts voted to uphold the health care law for two reasons: first-if it was going to be 5-4 then Roberts felt an obligation to uphold the law and turned to Justice Holmes, whom he quoted in the opinion, for support: "As between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid our plain duty is to adopt that which will save the act.”

Second: no matter the result, Roberts had bigger fish to fry than health care: the commerce clause. This case gave the Roberts' court a clear shot at knocking the commerce clause back down from the "super- clause" status that was in the past used to desegregate Ollie's barb-be-que (See, Katzenback v. McClung, 379 U.S 294 (1964) in which the court used the commerce clause to outlaw segregated restaurants) and was used to force private businesses to abide by the 1964 Civil Rights Bill (See, Heart of Atlanta Motel v. U.S., 379 U.S. 241 (1964).) As true conservatives have said for years, if the court could use the commerce clause to forbid a farmer from eating the wheat he grew (See, Wickard v. Filburn, 317 U.S. 111 (1942) ) what couldn't the court do? The proper result in the civil rights cases never fully erased the court's use of the commerce clause to eviscerate private property rights. True conservatives believe that while racism is abhorrent, private property rights are the foundation of all other rights and thus should trump an ignorant racist's desire to run a segregated business.

Roberts went out of his way to stop "his fellow liberals" (especially Ginsburg) in their tracks and prevent them from re-invorigating the commerce clause by using the clause to justify congress's power to force all americans to buy health insurance. Roberts cast the deciding fifth vote, but he did it on the basis of the power to tax, not regulate commerce. For Roberts the decision became a win-win situation. He achieved a political end (stopping a 5-4 reversal) and struck a blow for the cause of real conservatism by knocking the commerce clause down a peg or two.

Note a few changes in the CJ's announced summer schedule: He will NOT be attending a fourth of July Picnic at the Ronald Reagan library. Instead he will be attending a private fourth of July celebration with the Obamas at Camp David. He will not be driving with Justice Thomas in his camper across the country this summer- he will be attending summer teas with Ginsberg and Kagan and Breyer.

COFFEE

Not to digress, but there was a brief bit of conversation in the comments section about the best coffee in town. We have in the past moderated very fruitful discussions of important topics like the best bar-be-que. So lets have it- Starbucks (cheap swill) excluded- who has the best cup of Joe?

What are the best beans and where can you find them? Our vote: Peaberry coffee. A Peaberry bean is a bean that occurs in only 5% of coffee beans. Most coffee beans occur two to the coffee cherry bean. However a peaberry is produced when the cherry produces only one bean- almost always smaller than a regular coffee bean.

What is the best way to brew the best beans? French press? Percolator? Mr. Coffee?

The Marlins have a home stand this weekend. Do yourself a favor and go see a game.

30 comments:

Anonymous
said...

Hirsch is NOT a man of great principle - he is a man of great EGO. All you have to do is watch him in court - how he loves to have lawyers fawn over him, how many times he refers to himself, and read his opinions. It's all about MILT. Not saying he is evil but he is so into himself it is nauseating. So spare us the BS that he did what he thought was the right thing to do... it was just the right thing to do to draw attention to himself. It's really kind of pathetic when you think about it.

You most definately do not owe Milt an apology. As everyone knows, I've been a longtime supporter of Milt (though I have been critical of him when appropriate). This opinion was ridiculous. It was clearly erroneous and he had to know it would be overturned. He needs to stop trying to impress everyone with how smart he is and stop tilting at windmills (especially in cases where he is duty bound to follow clear Florida law) or he'll never reach his potential.

BTDT

PS---I remain convinced that Milt can be a very good judge and that he is a decent guy.

He who laughs last, laughs best. The 11th Circuit decision hasn't been published yet. And the best coffee is made at home, just get up an hour early and enjoy it while watching the news of looking through your work. If you're on the go, and your downtown Cacique downtown, across from the Main Library is pretty consistent. I prefer cafe' con leche.

7:40pm, Dumb ass Dick Dweeb, what the fuck I was talking about is the Shelton v. Department of corrections case which precipitated this whole situation on Judge Hirsch Ruling. You dumb prejudice cracker.

7:40pm, You ignorant son of an ugly bitch, republican piece of shit cracker. George Zimmerman is a guilty liar, who's as guilty as sin, you piece of shit white cracker. He's going to burn in hell to for racially killing an unarmed teenager and trying to lie and connive his way out of a cold blooded murder. Fuck you and everything you stand for cracker,honkey,paleface,redneck, pencil dick cracker. It's "American Minority" Asshole, you cant be a trial lawyer,you must be a public pretender or a limited registry dirt bag.

AM.........why bash the PD's in responding to 7:40? There's no reason to do that.

As anyone who has tried cases can tell you, the top level APD's are as good as those in the private bar. And, they're working for peanuts to serve this community. They deserve better than you're giving (especially when you're slamming a guy for being a racist and using all sorts of epithets).

For Once AM is right. Cacique's has good Cuban cafe, and you get it 10 times faster than Au Bon Pan.

Am, You are wrong on PDs. I'll put any against you and they will leave you feeling like Papa Gracie took you to the mat.

Yes we PDs do march to a different drummer. We are a bunch of Ronan, Answering Gideon's Trumpet.

I say I would take you on, but you need at least a decade of trials to be ready for this Dade cracker.

Am You are also wrong on Zimmermann. I concede that it is likely that Zimmermann noticed Mr. Martin cause he is black. I do not think he shot him because he was black, rather I think Zimmermann freaked out and WAS Scared to death and that is why he shot Treyvon. Unfortunately its is legal under Stand Your Ground

But, Zimmermann had a right to walk up to a stranger in his neighborhood and ask him what was going on, esspecially w/ a spate of burglaries in the community.

It aint illegal to annoy or vex someone, to walk up and start questioning why are you here.

Mr. Martin could have walked away, or explained his was visiting his Dad and lost.

If Treyvon Martin responded with violence, and the Para-meds and physical Evidence shows Zimmerman injured, than this WILL BE a NOT GUILTY or JOA under SYG. Did you see the video of Zimmermann the next day doing a walk through w/ the Det on the scene?

I am not a gambling man, but I'll bet you Lunch at Au Pan Ban if I am not Walter Mercado and seeing the future correctly.

I made these arguments to Am Min right after the shooting. He didn't understand the law then. He is no more versed in the law now.

He is a black racist. Because a black kid was shot by a less colored person, clearly the victim must have been targeted, and the shooter is a racist. Never mind the numerous witnesses who have said they know Zimmerman and say he is no racist.

Am Min knows better.

Save the trouble of trying to use the facts and law to convince him otherwise. He won't let either of those things get in the way of his desire to go through life saying he is a victim and calling anyone who disagrees with him a cracker, racist, etc.

Can we ban Am Min? Shouldn't the name calling and racial epithets at 8:39:00 PM be enough to have him ousted? He makes it so difficult to read the thoughtful comments that are interpsersed between his ramblings.

I have expressed that some of the PD's are the best in the judiciary. So I obviously was referring to the under achievers over at the PD's office. There are some exceptional P.D.'s, however the majority of them are reckless and lack diligence.

DS, The Law does not uphold the aggressor in a SYG episode, R-Dennis Baxley,S-Durrel Peadon, and Jeb Bush, the authors and the Gov. who signed the law into legislation, stipulate to that fact.GZ, exhibited his tendency to lie, and his credibility is shot by intentionally, misleading the court. I dont think Judge Lester in his discretion will no longer be inclined to give Mr. Zimmerman the benefit of the doubt. DSI am not a racist I just call a spade a spade. We shall see and I will take you up on that wager Mr. DS. When I am not incensed by absurdities, I am a pleasure to be around, often title a gentleman and a scholar. T.M. gave me that description.

5:21pm, In between pleading your clients out, you might also want to look at your Constitution. I carry one in my pocket, because I wish to memorize it like the former renowned Klans member Senator Robert Byrd. 1st Amendment.

My Dearest A.M You said,"So I obviously was referring to the under achievers over at the PD's office. There are some exceptional P.D.'s, however the majority of them are reckless and lack diligence. "

The people who want to work at the PDs are neither "reckless nor lack diligence". They usually are True Believers in the Constitution and fight with all their might for Truth, Justice and The` American Way. IF you had interned in the PDO you would understand. A Gentleman and a Scholar would not be so reckless to insult people working for a relative pittance to help others stay free. Felony 'C' attorneys have a 100 case load at any one time and earn about $42000 a year. They fight for $420 a client; THAT Sir is dedication.I am sorry to go so low, but nothing else truly expresses my feelings about you comment than: